Henry kept his car in a garage which he rented from Ian at a rental of $100 per month. Henry’s car was involved in an accident and was off the road for repairs for a period of six months. During that time Henry had no need for the garage. Feeling sorry for Henry, Ian told him that he need only pay half the usual rental for that period. Henry gratefully accepted. After 2 months Ian had second thoughts and asked Henry to pay the full amount. In the meantime, Henry had spent the money on a bicycle to enable him to get to work.
Advise Henry as to whether he has to pay the full amount of rental.
1 Answer from Attorneys
Dear Sir / Madam.
Henry remains liable to pay Ian the agreed monthly rental of $ 100 irrespective of whether Ian parks his car in the garage or not. Henry has hired the garage, so whether the car is actually parked or not in the garage is immaterial. If Ian had consented to accept lesser rent from Henry for that period, Ian ought to have a record or evidence with him that Henry did confirm and contract the reduction of monthly rental. If Ian does not have any proof, Ian remains liable to pay the entire $ 100 to Henry. How Henry "blew up" that notional reduction in rental is immaterial.
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